JUDGMENT OF THE COURT
The appellant herein, LAWRENCE MUTUKU MUSYOKA, was tried and convicted on four counts of robbery with violence contrary to section 296(2) of the Penal Code by the learned Principal Magistrate (Ms. Mwangi) at Kibera and upon the said convictions the appellant was sentenced to death. He appealed to the High Court but by its judgment dated and delivered at Nairobi on 7th June, 2005 the High Court (Lesiit and Mutungi, JJ.) dismissed his appeal. Being dissatisfied by the dismissal of his appeal by the High Court the appellant has now come to us by way of second appeal.
When the appeal came up for hearing on 6th October, 2010, Mr. S.A. Wamwayi appeared for the appellant while Mr. Moses O’Mirera (Senior Principal State Counsel) appeared for the State. In his opening address Mr. Wamwayi stated that he would be relying on the Supplementary Memorandum of Appeal containing nine (9) grounds of appeal and also on the Memorandum of Appeal filed by the appellant in person. Mr. Wa…